Pioneering a New Realm of Human Rights Civilization in the Chinese Path to Modernization——An Overview of the Symposium on“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”

On October 14,2023,a symposium themed“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”was held in Changchun,Jilin Province,China.More than fifty experts,scholars,and researchers from national institutions and universities engaged in discussions and exchanges on human rights on the Chinese path to modernization,including the path,practice,knowledge systems,and civilization forms of human rights.This symposium played a significant role in advancing the construction of the disciplinary system,academic system,and discourse system of human rights in China.

The Historical Position and Value Dimensions of Human Rights Civilization

Human beings are the mainstay and the ultimate goal of civilization.The history of human civilization is a continuous struggle to realize the respect,liberation,protection,and development of humanity.Human rights are an achievement of humanity and a symbol of progress,and the human rights civilization is an important component of human civilization.Understanding and interpreting human rights from the perspective of human rights civilization means that human rights are not only a concept or an idea but also a grand historical and long-term social practice.Up to now,the development of human rights civilization has roughly experienced four awakening eras:initialization,revolution,popularization,and globalization.In terms of its value dimensions,it has the characteristics of progressiveness,diversity,commonality,inclusiveness,indivisibility,openness,and so on.The historical position of human rights civilization and the development of its value dimensions have shown to the world that human rights are the common wealth of humanity,and human rights belong to all mankind;human rights are historical,concrete,and developmental;the concept of human rights is constantly evolving,and its connotations and categories are constantly expanding;achieving the free and well-rounded development of every person is the highest value realm of human rights civilization.The Chinese modernization endows Chinese civilization with modern strength and opens up new horizons for human rights civilization.The new pattern of human rights civilization to be created by Chinese modernization not only possesses the common characteristics of human rights civilization but also enjoys Chinese characteristics based on its own national conditions,enriching and developing the diversity of human rights civilization for all mankind.

Modernization and the Diversity of Human Rights Among Civilizations--Review of the 2023 China-europe Seminar on Human Rights

Human rights are an achievement of humanity and a symbol of progress.Respect for and protection of human rights are basic principles of modern civilization.Around the world,countries and regions have chosen different paths to modernization,which are rooted in their unique civilizations.to promote exchanges and mutual learning among civilizations,facilitate human rights exchanges and cooperation between different countries,and advance the global development of human rights,on September 20,2023,the 2023 China-europe Seminar on Human Rights was held in Rome,the capital of Italy.Under the theme of“Modernization and the Diversity of Human Rights Among Civilizations,”the seminar focused on discussing topics such as exchanges and mutual learning among civilizations and the development of modern human rights philosophy,modernization and the free and well-rounded development of every person,sustainable development in the process of modernization,and the evolution of the civilization of human rights in the digital age.participants reached the following consensuses at the event:First,the participants from various countries spoke highly of the great achievements that China has made in human rights cause and fully recognized China’s contributions in promoting the development and progress of the global human rights cause;Second,the participants from all countries agreed that it is necessary to discard the concept of“Western-centrism,”transcend the mindset of“cultural superiority,”promote human rights exchanges and mutual learning among civilizations on the basis of equality and mutual respect,and inject new impetus into the diversity of human rights among civilizations;third,participants reaffirmed that human rights represent an open concept,and that we should discuss the development of human rights with an open mind and jointly promote the progress of human rights in the world.

Analysis of the Focal Issues of the Implementation of the Block System Reform in China--From the Perspective of the Protection of Civil Rights

In February 2016, the Central Committee of the Communist Party of China and the State Council of China issued the "Several Opinions of the CPC Central Committee and the State Council on Further Strengthening the Management of Urban Planning and Construction", stating that, in principle, closed residential areas will no longer be constructed and will be replaced by the promotion of the block system. This change in policy has aroused a great deal of controversy in various circles of society in China. In 2017, Chengdu, the capital city of Sichuan province, made an innovative attempt to implement "small block regulations." In 2018, the first "block system" public rental housing district appeared in Beijing, the capital of China. These innovative practices have promoted the pace of block system reform in China, but in general, the implementation of block system reform is difficult. From the perspective of public opinion, it seems that many citizens misunderstand the block system. This may be due to the complex interactions among community environmental management, public security, privacy, and other factors where individual interests and public interests meet. This article, from the perspective of the protection of civil rights, analyses the advantages and disadvantages of the block system at the value level, distinguishes the differences between the block systems of China, the UK and the US and then puts forward the theory that the block system reforms for newly built and existing residences are different and should be implemented independently. Concerning the key point of the block system reforms, the "greater difficulty in the implementation of the block system reform in the existing residential quarters" is the proposal to expropriate the commonly owned internal roads and appropriately compensate the residents. Finally, to cope with the core issues effectively, this article advocates gradual implementation of the block system reforms in China, including legislation, policy transformation, cultural construction, and pilot trials to promote the success of the implementation.

China's Criminal Law Reform from the Perspective of the International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.

Human Rights Implications of the Civil Code of the People's Republic of China

Putting the people first in human rights protection is the most distinctive feature of the outlook on human rights in contemporary China. The codification of the Civil Code of the People’s Republic of China reflects the people’s legislation for themselves, which is guided by the principle of putting the people first in its external system and internal values. Functionally, the Civil Code of the People’s Republic of China reflects the obligation of the country to protect human rights, constructs the framework relationship between the country and individual people, and perfects the mechanism for human rights protection. The continuous expansion of the types, contents, and functions of civil rights in the Civil Code of the People’s Republic of China is required by the broad scope of human rights, with an aim to realize a happy life for the people, the most important human rights, and protect people’s personal rights, property rights, and right to dignity through specific rules. The universal sharing of human rights requires the universality of the subjects of civil rights. The equal sharing of human rights requires the equality of forms of civil rights protection. Meanwhile, it further requires the substantive equality of civil rights protection. Attention is paid to protecting the rights and interests of specific groups in external and embedded ways.

The Empirical Investigation and Improvement Path of Judicial Protection of Civil Litigation Rights in China

The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief.

The Modernization of State Governance Will Promote Protection of Civil and Political Rights

The modernization of state governance and innovation in governing measures will strengthen the protection of human rights in China, including civil and political rights. Firstly, legal control over public power will reduce arbitrary restrictions on civil rights. Secondly, public participation in policy-making will provide more opportunities for citizens to exercise their political rights. Thirdly, governing by law will better guarantee equal protection of law for all people. Fourthly, an effective accountability mechanism will reinforce people's right of supervision. Lastly, innovation in governing measures will help identify and satisfy citizens' demands.

Universality and Relativism of Human Rights from Perspective of International Covenant on Civil and Political Rights

There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties.

Civil Society to Be More Active in Human Rights Affairs

Nobody can become an expert on the United Nations in one week. But a week-long training workshop on international human fights treaties in Geneva, Switzerland may herald more active participation of China＇s civil society in the country＇s commitment to these principles.

Constructing China’s Human Rights Science:Cause,Cognition,and Paradigm

“China’s Human Rights Science”is undoubtedly a brand-new concept.Just as China has its own philosophy,literature,history,law,political science,and sociology,it should also have its own human rights science.China’s Human Rights Science refers to the cognitive science of human rights in China.Developing its disciplinary system,academic system,and discourse system,and constructing an independent Chinese human rights knowledge system,are essential requirements for promoting the great rejuvenation of the Chinese nation through Chinese modernization and creating a new form of human civilization.China’s Human Rights Science originated in China,grew in China,and deepened through China’s human rights practices.China’s Human Rights Science adhere to the universality of human rights principles and possess distinctive characteristics.It works as the knowledge-based organization,academic refinement,and theoretical expression of the path of human rights development that conforms to the trend of the times and suits China’s national conditions,as pursued by the Communist Party of China in leading the people.China’s Human Rights Science can enrich and develop the theory of human rights civilization,and should become a global public product of human rights.

Civil Affairs Authorities Bent on Protecting People's Basic Rights

In response to the global financial crisis,China’s civil affairs au-thorities redoubled their effort in 2009 to improve the livelihood of the Chinese people and protect their basic rights and interests under the constitutional principle of respectingand protecting human rights.

Promote the All-round Development of China's Human Right Cause in the New Era——Summary of the Symposium on “Deeply Studying and Implementing the Spirit of the 20th CPC National Congress and Adhering to the Chinese Path of Human Rights Development”

On November 8, 2022, the symposium on “Deeply Studying and Implementing the Spirit of the 20thCPC National Congress and Adhering to the Chinese Path of Human Rights Development” was held by the China Society for Human Rights Studies in Beijing. Focusing on “the leadership of the CPC and human rights development”, “adapting Marxism to the Chinese context and the needs of our times and human rights theories in contemporary China”, “the Chinese path to modernization and the new form of human rights civilization”, “Chinese human rights solutions and global human rights governance”, “making a better China’s story of advancing human rights and constructing human rights discourse system”, and other topics, the participants reached broad consensus after discussion, and the symposium achieved fruitful results.

民事诉权的希尔伯特问题

诉权是民事诉讼法学的首要希尔伯特问题。面对边缘化风险,民事诉权亟需证成自身的有用性。新中国成立以来,民事诉权先后肩负民事诉讼体制的社会主义转型、依法独立公正行使审判权、立案登记制改革以及“切实实施民法典”的历史使命与时代精神。二元诉权论虽然是我国长期坚守的通说,但并未对诉权规范及其实践提供清晰的概念指引,法律文本中的诉权规范可能分别指向起诉行为、起诉权、胜诉权、案件受理等意涵。学说史的发展和迭代表明,诉权保障并不必然伴随立案登记制。立案登记制改革亟待与诉权模式转型形成联动。二元诉权论与具体公法诉权论存在亲缘关系。囿于诉之可能性等关键概念缺失以及“案多人少”的现实挑战,二元诉权论同样面临“起诉难”这一私法诉权说的实践弊病。“诉讼爆炸”“无理缠诉”并非诉权模式转型的当然结果。随着民事诉权希尔伯特问题的有效解决,立案登记制改革终将走出“历史的三峡”,实现民事诉权保障与规制的衡平与共赢。

“两山”理念与集体林权制度改革新格局构建

在阐述“两山”理念的本质与重要体现的基础上,理解其推动指导集体林权制度改革的现实意义,分析了集体林权制度改革的成效和问题,以及集体林权制度改革新格局构建的系统思维,“创新引领、科学先行”和“尊重农民意愿、保护农民权益”的原则,从为推进乡村振兴赋能助力、为推进共同富裕筑好平台以及为推进生态文明建设再立新功3个维度探讨了集体林权制度改革新格局构建的路径。

习近平关于集体林权制度改革重要论述的生成逻辑、科学内涵与践行路径

党的十八大以来,习近平始终重视、高度关心集体林权制度改革,把集体林权制度改革工作摆在生态文明建设和林业改革发展的重要位置。习近平坚持以马克思林业经济理论为指导,赓续中华优秀传统林业文化,继承、发展历代中国共产党人林业改革经验,回应建设林业现代化时代呼唤,围绕集体林权制度改革工作的改革方向、内生动力、价值归旨、改革基调、问题导向、拓宽机制等方面提出一系列重要论述。在深入阐释习近平关于集体林权制度改革重要论述的基础上,提出构建科学的森林经营体系,统筹高质量发展与高水平保护;发展林业适度规模经营,提升林业发展质效;畅通“两山”转化通道,充分释放林业内生价值;依靠制度刚性精准落实,以林长制促“林长治”等践行路径。

习近平关于集体林权制度改革重要论述的生成逻辑、实践指向及价值意蕴

基于马克思主义产权理论、中国共产党领导的百年林业改革发展经验和新时代推进林业高质量发展的现实需要等3个层面分析习近平关于集体林权制度改革重要论述的生成逻辑。准确把握习近平关于集体林权制度改革重要论述的鲜明实践指向:坚持正确改革方向、坚持生态美与百姓富的有机统一、坚持人民主体地位、坚持问题导向、坚持顶层设计和基层探索相统一。总结习近平关于集体林权制度改革重要论述的价值意蕴:有利于为切实改善民生福祉、推进林业生态文明建设提供理论指导,同时为全球林业发展贡献中国智慧和中国方案。

诉权保护维度下检察机关支持起诉制度论析

检察机关支持起诉制度的理论渊源是《民事诉讼法》中的支持起诉原则以及检察机关的法律监督职能。当前,检察机关支持起诉实践已经突破固有的制度目的,导致理论与实践不符。在诉权保护维度下,应明确检察机关支持起诉制度存在程序与实体上的双重目的,程序目的是要促进诉权行使的实质平等,实体目的则是要满足原告权利的实现。为此,检察机关在办理支持起诉案件时,原则上应当依申请审查原告是否存在诉权行使的障碍因素,在特殊条件下也可依职权展开行动。同时,检察机关支持原告的起诉范围应当涵盖全部诉讼权利。另外,应根据穷尽救济原则理顺检察机关支持起诉制度与法律援助制度及律师代理制度的衔接关系。

浅谈离婚冷静期制度设置

我国《民法典婚姻家庭编》增加了离婚冷静期制度,立法者创设离婚冷静期制度的目的是缓解人们仓促离婚的现象。但目前离婚冷静期制度在实施过程中仍存在诸多困境,比如有些人对于《民法典婚姻家庭编》是否应规定诉讼离婚冷静期制度上存在分歧,离婚冷静期制度是否需要建立相应的配套制度还存有争议。为此,通过分析离婚冷静期制度的价值为视角,论证《民法典》设立离婚冷静期制度的合理性,并通过借鉴国外离婚冷静期制度经验,主张在制度实施过程中应区分适用,推进离婚冷静期限内权利义务关系的适时变动,建立辅助的配套制度,以确保我国离婚冷静期制度在实践中能够更好地实施。

The Human Rights Discourse and its Changes during the Early Establishment of the Communist Party of China: From 1921 to 1927

during the early establishment of the Communist Party of China,human rights became the ideal and goal pursued by the Chinese Communists,and the discourse of human rights was vividly reflected in multiform Party documents.The centennial history of the CPC parallels that of the Chinese people’s exploration,struggle,and practice of human rights.Based on the literature review of the changes of the CPC―human rights discourse from its founding period to the Great Revolution period,this paper expounds on the CPC’s human rights discourse and its expressions in the early days after the Party was founded.